With the recent flooding in the east, we hope that our readers who are being affected are staying safe and dry during this challenging time.
In this edition of SmallGovCon Week In Review, the Air Force is struggling to make service contracts competitive, alleged WOSB fraud leads to a civil fraud lawsuit, Guy Timberlake delves into the merits of simplified acquisitions, and much more.
WOSB and EDWOSB sole source contracts will be authorized under the SBA’s regulations effective October 14, 2015.
In a final rule published today, the SBA implemented regulatory authority pursuant to which Contracting Officers may issue sole source contracts. The question now is whether Contracting Officers will be willing to issue sole source contracts based on the SBA’s rule–or will wait until the FAR Council adopts similar authority.
As we wind down from our big Grand Opening and Ribbon Cutting Ceremony last night and get ready to swing into the long weekend, here are some of this week’s top stories in government contracting.
The SBA has acknowledged that Congress eliminated WOSB self-certification in the 2015 NDAA–but suggests that WOSB self-certification may continue until the SBA adopts a regulatory framework for a formal certification program.
In a proposed rule released today, the SBA adopts a pragmatic approach that nonetheless may be legally problematic given that Congress did not authorize a continuation of WOSB self-certification pending SBA regulatory action.
The SBA has proposed major changes to rules governing joint venturing for set-aside contracts.
As part of a proposed rule released last week, the SBA proposes to eliminate so-called “populated” joint ventures, and proposes additional changes regarding joint venture certifications, performance of work reports, and more.
The SBA has proposed to establish a government-wide mentor-protege program available to all small businesses.
In a proposed rule released yesterday, the SBA proposed to establish a single, “universal” mentor-protege program, open to all small businesses, not just those with certain socioeconomic designations. And critically, the SBA’s proposed mentor-protege program would allow SBA-approved mentor-protege joint ventures to qualify as “small” for any federal government prime contract or subcontract–a benefit currently available only to 8(a) companies.
The SBA was not required to conduct an “adverse impact” analysis before placing a procurement under the 8(a) program because the company requesting the adverse impact analysis was not a small business under the incumbent contract.
In a recent bid protest decision, the GAO held that the incumbent contractor–which, according to the SBA, had violated the ostensible subcontractor affiliation rule–was not entitled to insist on an adverse impact analysis.